Free Speech

Immigration Policy in the Trump Era

03.17.17

Since 9/11, Muslims have been subjected to unlawful state surveillance, profiling, and deportation for imagined threats to the United States. This treatment has permanent consequences for individuals and their families and is a stain on our collective conscience. In his first days in office, President Donald Trump acted on his campaign promise of “a total and complete shutdown of Muslims entering the United States” by implementing anti-immigrant executive orders.

By January 27th, 2017, three executive orders were signed by the president concerning immigration. The “Muslim Ban” restricted immigration from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen for 90 days, suspended all refugee entry for 120 days, and suspended Syrian refugee entry indefinitely. After numerous court cases, including one filed by the ACLU, federal courts stepped in to stop the “Muslim Ban” from being implemented.

Weeks later, the president signed a revised executive order, dubbed by the media “Muslim Ban 2.0.” The revisions removed Iraq from the list of banned countries as well as language about preferential treatment to non-Muslims, and exempted all visa and green-card holders. It also replaced the complete ban of Syrian refugees with a 120-day freeze. What stayed the same? The discriminatory and unconstitutional core of the executive order. On March 16, federal judges in Hawaii and Maryland stopped the Trump administration from refusing to grant visas from six predominantly-Muslim countries on the grounds of religious discrimination. In Hawaii, the judge went further to also stop the freeze of Syrian refugee entry.

On June 26, the Supreme Court of the United States granted certiorari which means they will hear arguments on both cases in the fall. Additionally, the Supreme Court has allowed part of the ban to go into effect. Starting June 29, the government can ban people who are subject to the ban and do not have a “credible claim of bona fide relationship with a person or entity in the United States.” For example, visa holders, lawful permanent residents and dual nationals cannot be denied entry.

The ACLU will remain vigilant as we fight against unconstitutional and discriminatory legislation, policy, and executive orders. Learn More